When converting a 2-year temporary marriage into a 10-year green card in the United States, should the 2 years be calculated from the date of registration of marriage, or from the date of obtaining the physical green card? Many friends who have obtained a two-year marriage green card do not seem to understand this requirement. So when should you apply for a ten-year green card?
The correct answer is to submit it within 90 days before the temporary marriage green card expires. It is not calculated from the date of marriage or getting the green card, but from the expiration date of your temporary green card. Applicants must submit Form I-751 to apply for lifting the conditions of the green card within 90 days before the temporary green card expires. . If you do not apply to lift the conditions in time, you may lose your conditional permanent resident status and may be deported.
1. If you fail to file Form I-751 within 90 days before your temporary green card expires, USCIS will:
▶ automatically terminate your conditional permanent resident status and begin deportation proceedings;
▶ send you a notice informing you of the failure to lift the conditions; and
▶ Send you a notice to attend the hearing . At the hearing, you can review and rebut the evidence against you. It is your responsibility to demonstrate that you meet the requirements.
If you file Form I-751 after your 2-year green card has expired, you must include a written explanation of why you were late. Based on your explanation, the USCIS will determine whether there is a valid reason for your failure to submit the I-751 application within the validity period.
2. If you are not sure when you should submit your application, you can use the calculator on the official website of the Immigration Bureau to predict your application date within 90 days.
In fact, it is very simple to determine this. You can find the expiration date of the green card on your 2-year conditional green card, and then push it forward 90 days, which is the time when you can submit the I-751 application form.
3. If I get divorced before the temporary green card expires, can I still apply for a ten-year green card?
▶ If you entered into the marriage in good faith and not to avoid immigration laws, but during the marriage, you were beaten or extremely abused by your U.S. citizen or lawful permanent resident spouse, and you were not at fault, you can continue to apply for a ten-year green card.
▶ If you are still married at the time of filing but are legally separated/or in pending divorce or marriage termination proceedings and you submit a request for a waiver, USCIS will issue a Request for Evidence (RFE) specifically requesting a copy of the final divorce decree or marriage termination (if applicable)
▶ If you are still married at the time of filing but are legally separated/or in pending divorce or termination proceedings, and you and your ex-spouse jointly file Form I-751, USCIS will issue an RFE specifically requesting a copy of the final divorce decree or termination of marriage and a statement that you wish to be exempted from joint filing of Form I-751.
Once USCIS receives the final divorce decree or proof of termination of marriage within the prescribed time, USCIS will amend Form I-751 to indicate that it has determined that you are eligible to apply for a waiver from the requirements for a joint petition based on the termination of marriage.
Well, I’ll share it here today. If you are currently preparing to submit the I-751 form to apply for a 2-year temporary marriage to a 10-year green card, but you don’t know how to prepare the materials, please feel free to ask questions in the comment area. Follow us to make your green card application smoother!
#American marriage immigration##American green card#
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